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2025 DAILYLAW 88344 (ALL)

SHER SINGH v. STATE OF U.P. AND ANOTHER

NA528/31836/2025 · 2025-09-09

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31836 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard Shri Nagendra Kumar Singh, learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire criminal proceedings including charge-sheet dated 03.06.2022 and cognizance/summoning order dated 12.10.2022 in Criminal Case No.1683 of 2024 (State Vs. Sher Singh), arising out of Case Crime No.178 of 2022 under Sections 323, 324, 308, 504 I.P.C., Police Station Rajpura, District Sambhal, pending in the court of Additional Chief Judicial Magistrate, Chandausi at Sambhal. 3. As per F.I.R. version, son of the respondent no.2 (first informant) has been abused and thrashed with stick causing grievous injury. Injury report is on the record. 4. After due deliberations at length, learned counsel for the applicant has chosen not to press the instant application on merits, however, he has submitted that the applicant is ready and willing to cooperate with the court below and participate in the court proceedings provided some interim protection may be granted to him. It is next submitted that the present applicant has never intended to ignore the court proceedings. 5. Learned A.G.A. has no objection if protection is granted to the present applicant to enable him to appear before the court below. Versus Counsel for Applicant(s) : Nagendra Kumar Singh Counsel for Opposite Party(s) : G.A. Sher Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. In this conspectus, as above, no useful purpose would be served to keep the instant application pending and the same is being decided without entering into the merits of the case with a direction that in case the present applicant appears/surrenders and move a bail application before the court below within a period of three weeks from today along with a certified copy of this order, the same shall be considered and decided by the court concerned having considered the dictum of Hon'ble Supreme Court in accordance with law, expeditious, preferably within a period of three weeks thereafter. 7. For a period of six weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicant. 8. With the aforesaid observation/direction, instant application is finally disposed of. September 10, 2025 VR NA528 No. 31836 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad